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(영문) 서울북부지방법원 2019.11.20 2019나164

임가공

Text

1. Revocation of a judgment of the first instance;

2. Upon a counterclaim filed in the trial, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 2018, the Defendant was requested by C Co., Ltd. (hereinafter “Nonindicted Company”) to manufacture clothes.

B. Around January 2018, the Plaintiff entered into a contract with the Defendant for clothing processing (hereinafter “instant contract”) with the Defendant to deliver the Defendant no later than February 24, 2018, by taking advantage of the raw body, room, and subsidiary materials, etc. provided by the Defendant to the Defendant, which was the Defendant’s request from the Nonparty Company, of the clothing that the Defendant produced “Plast Arop rts,” “Arost scarp,” and “boo boos,” among the clothing that the Defendant requested from the Nonparty Company.

C. By February 24, 2018, according to the instant contract, the Plaintiff supplied the Defendant with 208 Plastts in Plastaland (5,600 won per 1 penalty), 320 strings strings (500 won per 500 won per 1 penalty), 433 brings (5,600 won per 1 penalty).

The Defendant: (a) indicated on the tapes, etc. on the part of the traps 433 punishment supplied by the Plaintiff; and (b) demanded the Plaintiff to repair the traps 11:00 am on March 2, 2018; and (c) demanded the delivery deadline for the non-party company to supply the traps by March 1, 2018; and (b) the Plaintiff repaired the traps 1, 2018 and supplied the Plaintiff on March 1, 2018.

마. 피고는 2018. 3. 1. 원고로부터 랩 프릴 블라우스를 납품받았고, 랩 프릴 블라우스 대부분에 하자(고시애리 편차 불량, 뒤트임 양쪽 편차, 라벨 봉제 불량, 뒤 고시 기장 편차, 소매 시보리 찝힘 현상, 고시애리 박음질 터짐 등)가 있음을 확인한 직후에 원고에게 이에 관하여 항의를 하였다.

F. In order to avoid liability for damages caused by the defect and delayed supply of rap boos by the non-party company, the Defendant, on March 1, 2018, entrusted repair to D on March 1, 2018, and the 216 punishment to E by March 2, 2018.